Trial court properly granted judgment on the pleadings; the litigant was judicially estopped from bringing the claims and lacked standing because of a pending bankruptcy,
Appeals
McQuinn v. State, No. 21A-CR-1637, __ N.E.3d __ (Ind. Ct. App., Oct. 19, 2022).
An appellate opinion based upon review of sufficiency of the evidence will rarely, if ever, be an appropriate basis for a jury instruction. Moreover, the personal jury waiver requirement is required in the second phase of a bifurcated trial.
In re A.C., No. 22A-JC-49, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2022).
Transgender child’s continued removal is not contrary to the CHINS-6 statute and does not violate the parents’ constitutional rights to the care, custody, and control of child or to their rights to the free exercise of religion. Parents have the right to exercise their religious beliefs, but they do not have the right to exercise them in a manner that causes physical or emotional harm to child. Trial court’s temporary restriction on the discussion of child’s transgender identity outside of family therapy does not violate the parents’ free speech rights.
Perry v. Ind. Dept. of Child Svcs., No. 22A-CT-605, __ N.E.3d __ (Ind. Ct. App., Oct. 12, 2022).
Federal civil rights violation and state law defamation claims against DCS case manager were properly dismissed for failure to state claims upon which relief could be granted; the case manager had qualified immunity.
Mellowitz v. Ball State University, No. 22A-PL-337, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2022).
Ind. Code § 34-12-5-7, which bars class actions against post-secondary educational institutions for claims of breach of contract and unjust enrichment arising from COVID-19, impermissibly conflicts with T.R. 23 and so it is a nullity.